Missouri Marijuana Laws and Penalties

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Offense

Penalty

Incarceration

Max. Fine

Possession

Less than 35 g

misdemeanor

1 year

$ 1,000

35 g – 30 kg

felony

1 year

$ 5,000

30 – 100 kg

felony

5 – 15 years

$ 20,000

More than 100 kg

felony

10 years – life

$ 20,000

Possession of more than 100 kilograms is considered trafficking.

Sale, Trafficking, or Distribution

Less than 5 g

felony

7 years

$ 5,000

5 g – 30 kg

felony

5 – 15 years

$ 20,000

30 – 100 kg

felony

10 years – life

$ 20,000

More than 100 kg

felony

10 years – life*

$ 20,000

Within 2000 feet of a school or 1000 feet of public housing

N/A

10 years – life

$ 20,000

* No probation or parole

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia

misdemeanor

1 year

$ 1,000

Sale of paraphernalia

felony

5 years

$ 5,000

Miscellaneous (license suspensions, civil damages, etc…)

Possession or use of marijuana results in a driver’s license suspension if under the age of 21.

Marijuana Penalty Details

Possession

Possession of less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. Possession of 35 grams- 30 kilograms is a Class C felony which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000. Possession of 30-100 kilograms is considered trafficking and is a Class B felony punishable by a sentence of 5-15 years and a fine of $5,000-$20,000. Possession of more than 100 kilograms is considered trafficking and is a Class A felony punishable by 10 years-life imprisonment and fine of $5,000-$20,000. See Missouri Criminal Code:

Section 195.202.1

Section 195.222

Section 195.223

Sale, Trafficking, or Distribution

The sale or manufacture of 5 grams or less is a Class C felony which is punishable by up to 7 years imprisonment and a maximum fine of $5,000. The sale or manufacture of 5 grams-30 kilograms is a Class B felony which is punishable by a sentence of 5-15 years imprisonment and a fine of $5,000-$20,000. The sale of 30-100 kilograms is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000. The sale of 100 kilograms or more is a Class A felony which is punishable by a sentence of 10 years-life imprisonment with no probation or parole and a fine of $5,000-$20,000. Sale within 2,000 feet of a school or 1,000 feet of public housing is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000. See Missouri Criminal Code:

Section 195.211

Section 195.212

Section 195.222

Section 195.223

Cultivation

Cultivation in Missouri will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale, Trafficking, or Distribution” sections for further penalty details.

Hash & Concentrates

The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri. See Missouri Criminal Code:

Section 195.010(24)

State v. Randall, 540 S.W.2d 156, 159

State v. Evans, 637 S.W.2d 62 (Mo App. 1982)

(Mo.App.1976) (“Although ‘hashish’ is not specifically listed in the schedules, it is clearly included within the statutory definition of marijuana.”)

Paraphernalia

The possession of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. The sale of paraphernalia is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. See Missouri Criminal Code:

Section 195.233

Section 195.235

Miscellaneous

Possession or use of marijuana results in a driver’s license suspension if the offender is under the age of 21 at the time the offense was committed.

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